occupiers' liability

• What is the duty of an occupier towards visitors?

  To ensure their safety on the premises
• What does the Occupiers’ Liability Act 1957 establish?

  A statutory duty for lawful visitors' safety
• What types of dangers does the Occupiers’ Liability Act 1957 cover?

  Dangers due to the state of premises or actions
• What is the duty of care for trespassers under the Occupiers’ Liability Act 1984?

  It is different from that of lawful visitors
• Who can be considered an occupier of premises?

  Owner, tenant, or someone in control
• What case established the test for determining an occupier?

  Wheat v E Lacon Ltd 1966
• What was the outcome of Wheat v E Lacon Ltd 1966?

  Manager and employers were deemed occupiers
• What did Harris v Birkenhead Corp 1976 establish about control of premises?

  Control can exist without possession
• What can happen if no one is found in control of the premises?

  The injured visitor may have no claim
• What are the four categories of occupiers identified in Wheat v E Lacon Ltd 1966?

  Landlord, tenant, licensed person, contractor
• How does the Occupiers’ Liability Act 1957 define premises?

  Fixed/moveable structures, vessels, vehicles, aircraft
• What was the ruling in Revill v Newberry 1996 regarding occupier liability?

  Occupier liable for dangerous conditions on land
• Who qualifies as lawful visitors under OLA 1957?

  Invitees, licensees, ticket holders, statutory rights
• What does s2(2) of the 1957 Act require of occupiers?

  To take reasonable care for visitor safety
• What was the outcome of Laverton v Kiapasha Takeaway?

  Occupier not liable for slip on wet floor
• What did Dean v Debell 2016 establish about tripping hazards?

  Occupiers not liable for everyday occurrences
• What happens if a visitor exceeds their permission on the premises?

  They may become a trespasser and lose protection
• What does Tomlinson v Congleton Borough Council 2003 illustrate about liability?

  Trespassers may not be protected under OLA 1957
• What special duty do occupiers owe to child visitors?

  To ensure premises are reasonably safe for children
• How does the standard of care differ for children?

  It is subjective based on the child's age
• What was the ruling in Glasgow Corp v Taylor regarding allurement?

  Occupier liable for dangerous allurement to children
• What did Phipps v Rochester Corporation establish about young children?

  Courts are reluctant to find occupiers liable
• What does Jolley v Sutton illustrate about foreseeable risks?

  Occupier liable if risk was foreseeable
• What is the duty of care for tradesmen under OLA 1957?

  Common duty of care with special risks consideration
• What was the outcome of Roles v Nathan 1963?

  Occupier not liable for chimney sweeps' deaths
• What are the requirements for an occupier to pass liability to an independent contractor?

  Reasonable to hire, competent contractor, proper checks
• What was the ruling in Haseldine v Daw & Son Ltd 1941?

  Occupier not liable for specialized lift maintenance
• What was the outcome of Bottomley v Todmorden CC 2003?

  Cricket club liable for hiring incompetent contractor
• What was the ruling in Woodward v Mayor of Hastings 1945?

  Occupiers liable for not checking work done
• What is the legal definition of an "occupier"?

  An individual or entity in control of premises
• What does the Occupiers’ Liability Act 1984 address?

  Liability of occupiers towards trespassers
• How is "allurement" defined in relation to child visitors?

  Attraction that may pose a risk of harm
• How does insurance influence control of premises?

  It often indicates who is in control
• What does "reasonable care" mean in occupiers' liability?

  Taking appropriate measures for visitor safety
• How does the Law Reform Act 1945 affect damages?

  It allows for reduction of awarded damages
• What is the difference between lawful visitors and trespassers?

  Lawful visitors have permission; trespassers do not
• What is the common duty of care in occupiers' liability?

  To ensure reasonable safety for visitors
• What responsibilities do contractors have when working on premises?

  To perform work competently and safely
• How does negligence relate to liability in occupiers' liability cases?

  Negligence can lead to occupier liability
• What was introduced by PS 1966 regarding trespassers?

  A common duty of humanity